Phases of an Auto Accident Lawsuit

Car accident injuries could result in significant medical bills as well as property damage and loss of wages. A knowledgeable attorney can assist you in receiving the amount you are due.

The procedure is different from case to case however, it generally begins with filing an action. Then comes the discovery phase along with any appeals.

Medical Records

Medical records are an essential part of any auto accident lawyer accident lawsuit. They will help a judge or jury know the effects of the injury on your life. This includes the emotional, financial physical, and emotional expenses. Medical records will also provide an account that insurance companies will have a tough to dispute.

In accordance with the laws of your state and the policy of your doctor In some states, you'll have limited time to request medical records from healthcare providers. It is recommended to consult with your lawyer as soon following an accident as is possible. Health Information Portability and Accountability Act or HIPAA ensures that you have the right to access these records. However, this doesn't mean that you or your lawyer are the only ones who can view your medical records. Insurance companies are always looking for anything that suggests your injuries may not be the severity you claim or have a pre-existing condition.

Your lawyer will utilize your medical records to prepare a demand letters, that will include evidence to support the damages you seek. Your lawyer must only provide the relevant medical documents to your insurance company. They might require you to give them permission to access your complete medical record. This is not in the best interest of your claim because it could expose past injuries that are not relevant to this claim.

Reports of the Police

Police reports are created each time a police officer responds to an emergency and also car accidents. Although they are not admissible in the courts of law (they are deemed to be hearsay) they can provide valuable information for attorneys when researching and preparing cases.

A police report provides an objective view of what happened in the crash, based upon witness testimony and observations by the officer regarding the damage to the vehicles, weather conditions, drivers, and so on. It's a crucial piece of evidence that could assist you in winning your lawsuit for car accidents against the defendant.

You can usually request a copy from the precinct who handled the investigation. Call their non-emergency line and provide an original receipt or an incident number as proof of identification. You can request copies of your police report through the department's website.

You will need to file a suit against the person who caused the accident once your medical bills, lost wages, and property damage have reached the amount of. The police report can be a valuable tool in settlement negotiations, particularly if you can prove the other driver's negligence from the evidence provided by the officer. Many cases end up reaching an agreement without ever going to trial. It can take time to work through the pre-trial procedures and your case might not be resolved for a year or more.

Insurance Company Negotiations

Once the adjuster has all the information they need from you and your automobile accident investigation, they will make an offer to settle. To generate their first offer, they'll enter all the information and details into an online program. Most likely, they will make a smaller amount than you anticipated based on your investigation. It's important to keep in mind that insurance companies have their own financial interests in mind when making settlement offers.

They'll want to reduce the amount they'll have to pay for your medical expenses and other damage. You can counter by highlighting the many ways that your injuries will negatively impact your life in the near future. You can, for example you can highlight the mounting medical bills and the loss of earnings potential, as well as the physical and automobile mental pain you're experiencing.

Your lawyer or attorney will create a demand letter and present it to the insurance company. This will include all the evidence you have collected including statements from witnesses, photographs of your injuries, as well as documents supporting your losses. You should also create an inventory of your non-negotiables so you can deter the insurance company from undercutting you. Once an agreement is reached the agreement will be recorded in a written settlement agreement. It's common for a back-and-forth to occur during these negotiations, but remaining calm will allow you to reach a fair settlement.

Legal Advice

Discovery is the next phase of the lawsuit, during which both parties exchange information and evidence. Parties can request medical records, police reports, and witness statements. They can also send each other interrogatories (written questions to be answered under oath by deadline). Your attorney will also write down the extent of the physical emotional, psychological, and automobile physical injuries you have suffered, and any other damages that could be sought, like future and current medical expenses as well as property damage and lost wages.

Your lawyer will confer with other experts like mechanics, medical professionals and engineers. These experts can help the jury get a clear picture of your accident and injuries.

Your lawyer will then start discussions with insurance companies in order to resolve your case with no trial. However, if the insurance company offers you an unsatisfactory settlement or does not take your injury and other damages into account, your case will likely go to trial.

It is important that victims file a lawsuit promptly, even if only a handful of cases are heard in the courtroom. Over time memories fade, witnesses pass away and evidence is lost and makes it harder to file a convincing claim for maximum compensation. In addition, you must abide with the statute of limitations in your state, which can range from 1 to 6 years.